Israel
The ICJ ruling puts more pressure on Israel – more countries can recognize Palestine
Martina Karpmyr
Updated 19.54 | Published 19.36
Pressure on Benjamin Netanyahu is mounting with protests in Washington and a new opinion from the UN's highest court ruling that Israel's occupation of Palestinian territories is illegal.
But the effect of the ICJ's opinion depends on how other states choose to act.
- More states may recognize Palestine as a state, says international law expert Mark Klamberg.
Quick version
Israel's occupation of the West Bank, East Jerusalem and Gaza is illegal, the International Court of Justice in The Hague, ICJ, ruled late last week.
It was not a judgment that was given, but an advisory opinion - which is not binding.
- The court itself has an authority. Other states can listen to what it says and act in a different way than before, he says.
More may recognize Palestine
The statement will put further pressure on Israel, according to Pål Wrange, also professor of international law at Stockholm University.- They say that settler activities must stop completely and that they must also evacuate the settlements.
- Then they say that the Israeli presence in the occupied area must end as soon as possible.
- I can imagine that for some states that might have considered recognizing Palestine as a state, this could play a role, says Klamberg.
Borrell: "Unwavering commitment" to the ICJ's decision
Far from all EU states have commented on the ICJ's opinion, but those that have done so have been positive, according to Pål Wrange.The statement "is largely in line with the EU's positions", wrote EU foreign affairs chief Josep Borrell on X after it was published.
"In a world where violations of international law are increasing, it is our moral duty to reaffirm our unwavering commitment to all ICJ decisions".
What, according to him, could be that the EU can completely or partially cancel the association agreement with Israel. The agreement covers not only trade, but also issues of political dialogue, energy, environment and science, for example.
- It would have been noticeable to Israel, he says.
The war in Gaza has not affected
According to Mark Klamberg, the statement coming now can be thought to be a result of the current war between Israel and Hamas for "the uninitiated". But it's not.- But it is connected to the occupation and the conflict in general, he says.
Israel has occupied the Palestinian territories since 1967. Two years ago, the UN General Assembly asked the ICJ to give its opinion on the issue of the occupation.
That the opinion came now is simply due to the fact that the judges of the ICJ had finished their work.
An occupation does not have to be illegal in itself, adds Klamberg. A state may hold territory in an enemy state for security reasons until peace prevails, according to him.
- What you are not allowed to do is move your own population in and force the civilian population of the other state to leave their homes, he says.
"Balanced" reactions in the US
According to Pål Wrange, the reactions from the USA USA regarding the ICJ's opinion have been "fairly balanced".
- Even though the US is an ally of Israel, it is at the same time very critical of the settlement policy, he says.
The political landscape in the United States is difficult to predict right now, according to Wrange.
- But I guess in any case that it will be a little more difficult for democratic politicians to unreservedly give their support to Israel, says Wrange.
Protests before Netanyahu's speech
This evening, Swedish time, Israeli Prime Minister Benjamin Netanyahu is expected to give a speech before the American Congress. He will then meet Joe Biden, Kamala Harris and Donald Trump.
At the same time, Netanyahu's US visit has triggered a series of demonstrations in Washington.
Yesterday, the group "Jewish Voice for Peace" carried out a sit-in demonstration in the Congress building Capitol. The protesters demanded an immediate ceasefire and that the US stop sending weapons to Israel.
According to the group, 400 people were present, 250 were then arrested by the police.
Also elsewhere in Washington, protests against the war in Gaza and in support of the hostages held by Hamas have been held.
FACTS
International Court of Justice
The International Court of Justice in The Hague (ICJ) is the UN's highest court and deals with disputes between states.
The ICJ was established when the UN Charter entered into force in 1945 and consists of 15 judges who are elected by the UN General Assembly and the Security Council.
Its judgments and decisions are legally binding on the parties to the dispute. At the same time, the court does not have its own sanctions against reluctant states, but is then dependent on the UN Security Council and UN member states to ensure that the court's decisions are implemented.
For a dispute between one or more states to be brought before the ICJ, the parties involved must agree to a trial.
The ICJ can also provide advisory opinions on certain issues. They can be given without the approval of states, but are not legally binding.
FACTS
That is what the judges of the ICJ concluded in the opinion
- Israel's continued presence in the occupied Palestinian territories is illegal.
- The State of Israel is obliged to end its illegal presence in the occupied Palestinian territory as soon as possible.
- The State of Israel is obliged to immediately cease all new settlement activities and to evacuate all settlers from the occupied Palestinian territory
- The State of Israel is obliged to compensate the damage caused to all concerned natural or legal persons in the occupied Palestinian territory.
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